IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 8488/2018 BETWEEN:
Ramesh @ Ramesh Kumar Son of Sri Hanumayya Aged about 23 years R/o #124/A, 7th B Main Nagarbhavi Main Road Govindrajnagar slum Bengaluru - 40. ...Petitioner (By Sri N.Bhargav, Advocate) AND:
The State of Karnataka Through Basaveshwara Nagar Police Station (Represented by SPP High Court Bengaluru). ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.357/2008 of Basaveshwara Nagar Police Station, Bengaluru for the offence punishable under Sections 143, 147, 148, 307, 109, 114 r/w 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail in S.C. No.773/2009 on the file of LXVII Addl. City Civil and Sessions Judge, Bengaluru City arising out of Crime No.357/2008 of Basaveshwara Nagar Police Station for the offences punishable under Sections 143, 147, 148, 307, 109, 114 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. It is the submission of the learned counsel for the petitioner that earlier Sessions Court has released the petitioner – accused No.2 on bail and he was regularly attending the Court. Thereafter, he addicted to liquor. Therefore, he has been taken to rehabilitation centre for the purpose of treatment. At that time, he remained absent and the trial Court has secured him by issuing NBW. Now he is in judicial custody. He further submitted that already all the witnesses have been examined and they have not supported the prosecution case and after securing the presence of accused, the prosecution has filed an application under Section 311 of Cr.P.C. to recall the witnesses. If the witnesses are recalled, it may take some more time. In the meanwhile, if the accused is kept in custody, he will be put to greater hardship and his liberty will going to be affected. He is ready to abide by any conditions that may be imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused No.2 on bail.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner – accused No.2 has remained absent and thereafter NBW was issued and even the bond has been forfeited by the government. If he released on bail, he may abscond and the trial is going to be hampered. On these grounds, he pays to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
6. It is not in dispute that earlier petitioner – accused No.2 has been released on bail by District and Sessions Court and he was attending the Court regularly. Only after some time, he remained absent. At that time the Court had issued NBW and secured by issuing body warrant. It is submitted by the learned counsel for the petitioner that already all the witnesses have been examined and they have not supported the case of the prosecution and now the application has been filed under Section 311 of Cr.P.C to recall the witnesses and it may take some more time. It is stated that the alleged offences are not punishable with death or imprisonment for life. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioner – accused No.2 is released on bail, it would meet the ends of justice. In that light, petition is allowed.
7. Petitioner/accused No.2 is enlarged on bail in S.C.No.773/2009 on the file of LXVII Addl. City Civil and Sessions Judge, Bengaluru City arising out of Crime No.357/2008 of Basaveshwaranagar Police Station for the offences punishable under Sections 143, 147, 148, 307, 109, 114 read with Section 149 of IPC subject to the following conditions:
1. Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
SD/- JUDGE nms